Robinson v. Rivard

Filing 13

ORDER Adopting 12 Report and Recommendation and denying petition for habeas corpus and declining to issue a certificate of appealability. Signed by District Judge Bernard A. Friedman. (CMul)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LARRY NOBLE ROBINSON,
Petitioner,

Civil Action No. 12-cv-11345
HON. BERNARD A. FRIEDMAN
MAG. JUDGE PAUL J. KOMIVES

vs.
STEVE RIVARD,
Respondent.
______________________________/

MEMORANDUM OPINION AND ORDER
This matter is before the Court on Magistrate Judge Paul J. Komives’s Report and
Recommendation (“R&R”) dated September 16, 2013 [docket entry 12], in which he
recommends that the Court deny the petition for a writ of habeas corpus and decline to issue a
certificate of appealability. Plaintiff has not filed an objection to the R&R pursuant to Fed. R.
Civ. P. 72(b)(2).
The Court had an opportunity to fully review this matter and believes that the magistrate
judge reached the correct conclusions for the proper reasons. The record demonstrates that
petitioner voluntarily entered his guilty plea with the trial court and that his subsequent sentence
was not predicated upon materially inaccurate factual information. Additionally, petitioner’s
remaining state law claims are not subject to habeas relief.
Accordingly,

IT IS ORDERED that Magistrate Judge Paul J. Komives’s Report and Recommendation

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dated September 16, 2013, is hereby accepted and adopted.

IT IS FURTHER ORDERED that the petition for a writ of habeas corpus is denied.

IT IS FURTHER ORDERED that no certificate of appealability shall issue.

Dated: October 21, 2013
Detroit, Michigan

s/ Bernard A. Friedman__________________
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE

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